Diggs v. Commonwealth

Opinion

ON REHEARING EN BANC

BARROW, J.

In this appeal of a traffic infraction we conclude that a person whose operator’s license has been suspended or revoked may not drive a moped1 on a public highway.

Diggs was convicted of operating a moped on a public highway after his operator’s license had been revoked. When he was observed, his moped was being propelled by its motor, although footpedalling was required to initiate its motion.

Code § 46.1-350(a) prohibits driving “any motor vehicle or any self-propelled machinery or equipment on any highway” during a period of suspension or revocation of an…